Finding your child abducted by the other parent
Parental Child abduction
The French Penal Code (art 225-7) defines the refusal to give a child to the other parent and punishes it:
"The fact of unduly refusing to give a minor child to the person who has the right to claim him or her is punishable by one year's imprisonment and a fine of 15,000 euros.
The French Penal Code (art 227-7) defines child abduction and punishes it:
"The fact, by any ascendant, of removing a minor child from the hands of those who exercise legal custody or to whom he has been entrusted or with whom he has his usual residence, is punishable by one year's imprisonment and a fine of 15,000 euros.
In practice, this type of offence is usually committed by one of the parents.
The past persists
For example, in the 1980s, women of French nationality were deprived of their children by their ex-husbands of Algerian nationality. The fathers had taken the children to Algeria and denied the mothers any contact with the children. Some women did not even know where their children were. The experience was endured by many women who got together and decided to carry out an operation to fetch their children. At first it wasa "boat to Algiers", but the project was stopped, to the regret of many mothers. However, they went to Algeria where they occupied the French embassy in Algiers. Following their actions, an agreement was signed between France and Algeria. According to professionals, its application remains uneven and few children actually return to their French parent.
Sharmine was three and a half years old in March 2020 when her father abducted her. Her mother has not seen her since.
This type of situation persists in the 21st century. In March 2020, Darlène Kouwenhoven saw her 3.5 year old daughter Sharmine disappear, abducted by her ex-husband who had committed serious domestic violence against her. She immediately pressed charges to the French prosecutor and sought the help of the French legal system to find her child. She multiplied communications on social media. But for more than two years now, she has not seen her daughter.
Taking action to find an abducted child
In France, the first steps to be taken in this type of situation are to refer the matter to the prosecutor and to the office of European Union law, international private law and mutual civil assistance of the Directorate of Civil Affairs and the Seal of the Ministry of Justice.
In the case of Sharmine, a European investigation is currently underway to try to locate the child and her German father.
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